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•"2->- !
. at a given and preconcerted signal, each
I has dropped quietly into place with, mili
tary precision. ...• ■"** " * „ "
( 11, is apparent that there ;is , a big con
flict of opinion in the Hamilton jury and
from the almost savage expression on
. their faces at noon, their, arguments may,
at limes, , have * reached the heated stage.
All kinds of Tumors were ' afloat as $to
■ how the jury has stood on ■ different bal
lots taken, but nothing authentic. could
be learned.
A Nine to Three Report.
,It was said that ' the jury , at one time
stood nine to three for acquittal and it
was again reported that .the odds ' were <
the same for conviction.
Hamilton entertained a steady stream
of callers to-day, only his friends and ac
quaintances being admitted.
The crowd . continued to increase this
afternoon.
Most of the telephone inquiries received
at the sheriff's office were from women,
who invariably expressed deep solicitude
as to what the verdict would be.
Day's relatives were in. the corridors.
Deputy Budd was called into the jury
room -just before 3 o'clock. 'He later re
ported to Judge Brooks.
It was said on good authority that he
carried a message of disagreement. >
Attorneys Penney and McMillan were
anxious callers.
Penney'* Opinion. ■ - / :
."It looks like a disagreement," said Mr.
Penney.
The Jury has a. transcript of the evidence
but mo copy of Judge Brooks' .charge,' as
reported. '
IP FOR PERJURY
Had* Mcl sea Will Have to Answer
to the Grand Jury.
Mad* Nielsen, the hackdriver, who tes
tified to having, in December, 1890, seen.
L»ay with a large knife resembling the
gory exhibit, is to be called to book by the
£ tape's attorneys.
Al J. Smith, first assistant county at
torney, said to-day that the grand jury,
which, convenes to-morrow, would be asked
to consider a charge of perjury to be pre
ferred against Neilsen.
The state put Attorney John B. At->
water on the stand to prove that at the
time to which Nielsen referred Day had
for many months been in Europe.
On the strength of what Mr. Atwater
•aid it is charged that Nielsen deliberate
ly perjured himself.
THE JIUUETS CHARGE
A' Terr Fair and Exhaustive Pre
sentation at the Case.
Immediately upon the conclusion of
Prank M. Nye's address to the jury In
behalf of Hamilton yesterday - afternoon,
Judge Brooks delivered his charge .to the
Jury. The charge, which took forty-five
minutes in delivering, was a most elab
- orate * and comprehensive one, covering
- every phase of the law and the evidence.
The charge was, in part, as follows:
After referring to the circumstances of
the indictment, the charge proceeds: -
Under the statutes of this state there are
three degrees of murder and two degrees of
manslaughter. And it is the law that under
an Indictment charging murder in* the first
degree, the defendant may, when warranted
by the facts proven, be convicted of any one
of the three degrees of murder or of either
of the two degrees of manslaughter. , You are
not required, should they find the defendant
guilty, to convict him of the crime of mur
der in the first degree. You may, under the
evidence and under this indictment, find him
guilty of one of the lesser degrees of felonious
homicide— which 1 shall hereafter .call
your attention. VV J '. ''.»'.')
Duties of Juror* Explained.
The duties of Jurors were then dwelt
upon, the court explaining that while it
is the duty of the court to declare the
law, and its privilege also to present the
facts, "the jury are the Judges, and the
sole and exclusive judges, of all questions
of fact in the case."
The charge then takes an elaborate view
of the question of doubt, in which the at
tention of the jurors is directed to the
presumption of innocence which must al
ways apply. Coming down to the im
portant question of what constitutes a
"reasonable doubt." the charge says:
What Is Reasonable Doubt.
A reasonable doubt is not a mere possible
doubt; for anything relating to human af
fairs and depending on moral evidence is
open to some possible or imaginary doubt.
Absolute certainty 1s not required, but a
reasonable certainty^ such a certainty as sat
isfies your reason and judgment so that you.
feel bound to act conscientiously upon it.
It is an application of this doctrine of rea
sonable doubt to which I have called your
attention, and is the law, that when it ap
pears that «- defendant has committed a pub
lic offense and there is reasonable ground of
doubt as to which of two or more degrees of
the crime he is guilty, he can be convicted
of the lowest of these degrees only. Another
application of this rule respecting the de
gree of proof essential to warrant a convic
tion is this: If. after a consideration of the
entire testimony in the case, the Jury are
unable to determine whether the defendant
-or another person is the guilty party, then
the jury should consider the case precisely
the same as though it were proven that somo
person other than the defendant committed
the alleged offense. It follows that if, after
a fair and full consideration of all the evi
dence, you entertain a reasonable doubt
whether the defendant or some other person
killed the deceased, then you must acquit
this defendant.
In every prosecution of this nature, the
charge resolves itself into two, principal ques
tions: First, whether the party alleged to
have been murdered came to his death by an
act of violence Inflicted by any person; sec-
STRENGTH TESTS.
A Record After Using Different Foods.
J. Henry Myers of Otsego, Mich., a
traveling representative of a certain med
ical missionary association, made some
strength tests with different foods, with
the following result. He says: "In 1897
1 became officially connected with an in
stitution manufacturing a large line of
health foods.
'•My desire was to add strength. I was
in good health, and faithfully lived, al
most entirely, for nearly two years, on
their foods, and believed in them thor
oughly. In January, '98, my strength
test showed 5,700 pounds; in January,
'99, by the same machine, my strength
test wa« only 4,560 pounds, a heavy fall
ing off, notwithstanding I had not been
■ick, but had faithfully and religiously
used the foods I so fully believed in and
had beea hired to lecture for and ad
vocate.
"For a month after that test, I was
uncertain what to do. I felt weak, and
what I wanted was strength, so in Feb
.ruary of that year I quit ail other health
foods and began using Grape-Nuts alone.
My weight now has increased from 130
to 143 pounds: my strength has increased
from 4,560 pounds to 5.&40, and I am now
1,609 pounds stronger, by actual test, than
the average man. My eyesight is clearer,
my mind more active and stronger, and I
can endure more labor, physical and men
tal, than ever before.
"I do not know any person interested
in the Po«tum Cereal Co., Ltd., and this
letter is not written with any motive,
except to bring honest facts to the at
tention of persons desiring to live well
and live rationally. I have the charts
filled out by the physicians at the Insti
tution making the health foods.that failed
in my case, and these facts cannot be
disputed by any one. I will make oath
that they are absolutely correct."
Mr. Myers' letter gives the name in
full of the concern making the so-called
health foods, which failed in his case,
but this name is not given to the public.
It is not the purpose of the manufactur
ers of Grape-Nuts to build their business
by depreciating the efforts of any com
petitor. This experience Is printed as sen
illustration of the indisputable fact that
Grape-Nuts food is a true, hoaest, and
remarkable rebuilder of the human body.
ond. whether the act causing the death was
committed by tbe accused. Each of these
quotiUo&s must b« established independently
of the other.
Sketches of the Testimony,
Rapidly and in a most comprehensive
manner, the court proceeds to sketch the
testimony of the trial, showing the feel
ing existing between the two men, the
events leading up to the murder. The
interference of George, the fight between
Evans and Force, the injuries received
by George and the stream of blood, are
all hurriedly but clearly stated.
No witness has testified that he saw a
knlf« in the hands of the defendant, but
after the tragedy a bloody knife was picked
up from the floor at the sid« of the dead
body. It is claimed by the state that the de
fendant had an opportunity to place It there
before it was picked up. This knife is in
evidence in this case, and It is claimed on
behalf of the prosecution that It is the in
strument with which the defendant inflicted
the fatal wound.
No witness has testified that be ever saw
this kuife prior to the homicide, either in the
hands of th« defendant or in the hands of
any other person. Witnesses have under
taken to testify that they saw a knife In
Day's possession at a previous time, but they
do not identify this knife as being the one
v. hich they saw.
The contention of the state, that George
was wounded while trying to separate
the combatants, is then taken up, and the
state's argument that presumably Day
did not have the knife in his hand, is
submitted. Attention is also called to the
alleged confessions or admissions of
Rooney and Hill, and their credibility,
and the weight that should be attached
to them.
The claims of the defense are then
offered with equal fullness and fairness.
The testimony of Hamilton, who denies
that he committed the crime, the tes
timony of Dr. Murray, of Francis and
others is briefly indicated.
Evans' presence at the time of the
tragedy, and the statements of the de
fense rgardlng him are indicated.
The charge also calls attention to the
mass of expert testimony offered by both
sides regarding the fatal blow, the
manner in which it was delivered, and its
direction.
After mentioning that many important
details of the testimony might have been
over-looked in his hasty summary, the
court directs the Jurors to their duties
after deliberating upon the law and the
evidence.
The first Question in this branch of the
case, -which you will consider when you re
tire, will be this: Is the evidence sufficient
to satisfy you beyond a reasonable doubt that
the defendant killed the deceased? If it U
not, then you need not consider the case any
further, but will return a verdict of not
guilty. If you are satisfied beyond a reason
able doubt that the defendant and no other
person did inflict the fatal wound found upon
the body of the deceased, then there will be
other questions for the jury to determine, as,
in that event, it will be for the jury to say
what verdict among several should be ren
dered la this case.
As to Hamilton's Bruises.
As I have said, it is claimed by the defend
ant that before Day was lulled he was him
aelf struck a severe blow in the head and
face. He does not testify that this blow was
struck by Day, nor does he testify that he
used a knife or killed Day because of any
apprehension of injury arising from such
blows. He admits that he.was, when he was
struck, much intoxicated, as he expresses it,
very drunk; so much so that he is unable to
remember with exactness jiwt what occurred
at the billiard-room before he received the
blow. But he testifies that thereafter and
until after the homicide everything was to
him a blank and that he has no recollection
respecting anything that occurred during
•that time. He does not in express terms cay
that the blow produced unconsciousness or
loss of mind during this period, and no one
has undertaken to say that euch a blow
would produce mental incapacity while leav
ing the physical powers unimpaired.
But from this it is suggested in the defend
ant's behalf that even though the defendant
killed the deceased his mind at the time was
so damaged as a result of thia blow that he
did not know what he was doing. The jury
will readily perceive that a defense of this
character should be received with caution
and scrutinized with care. It is a defense
that might readily and easily be resorted to
In many homicide cases, and when it rests
wholly upon the unsupported statement of
the accused, the jury should carefully con
sider whether from such a cause mental in
capacity would be likely to ensue so great as
to deprive the defendant of the power to real
lie what he was doing and at the same time
leave him in the possession of his physical
powers to the extent that he could flght and
kill another in the manner In which it was
claimed that the deceased was killed. And
again, the jury should consider whether or
not the defendant if for a time, as he claims,
without any realizing sense of what he was
doing, was not in that condition as a result of
intoxication coupled with anger or passion
induced by a combat in which he voluntarily
engaged. If so, as will be more fully ehown
to you, his condition would not exempt him
from responsibility for this homicide in cas*
he killed the deceased.
The Claim of Premeditation.
It is claimed by the state that the de
fendant armed or provided himself with this
knife which has been introduced in evidence
in this case in advance of the fatal encounter
with the purpose of using it-should he be
come engaged in combat with Day. It baeea
this claim upon the character of the knife,
and also upon the evidence already mentioned
tending to show that Hamilton stabbed Day
with the knife and subsequently left it at
the side of the dead party. The defendant,
as already stated.denies that he had the knife
at all, and if in fact he did not he, of course,
cannot be convicted in this case, because it is
only upon the theory that he had the knife
and inflicted with it this fatal wound that
the state asks or can ask for a conviction.
But if in fact the defendant did arm him
self or provide himself in advance with this
knife with the intent or purpose of using
it upon Day's person, and did so before the
defendant was struck, then the fact, if it be
a fact, that he received a blow which tem
porarily deprived him of the power of con
scious action would not constitute a defense
to this action. 'As I say, if the defendant
never had this knife in his hand then he did
not kill Day and your verdict must be not
guilty. If on the contrary he armed himself
with the knife for the purpose claimed by
the state before he received the blow which
as he claims, rendered him mentally uncon
scious, then he is responsible for what he
did with the knife, even though at the time
he used it he did not know what be was
doing, or did not know that his act was
wrong.
The charge expressly adds that a men
cannot "arm himself with a knife with
the intention of feloniously using It upon
another, and then after using It escape
responsibility by the claim that when it
was used he was for some reason an
conscfous of the fact."
A» to the Verdict.
The verdict that the Jury may find is
then pointed out with great clearness,
whether murder in the first degree or
second degree, manslaughter or acquittal.
The court expressly says that upon no
theory of the case could a verdict of mur
der in the third degree be received in the
case. Manslaughter, and what constitutes
it, is explained, the fact being prominent
ly stated that it is conceded by all that
Hamilton was intoxicated at the time of
the killing of Day, and that "defendant
claims he was intoxicated to that extent
that he was incapable of forming a design
to kill."
If he did not have such intent then he was
not guilty of the crime of murder. But,
without such intent, he might be guilty of
manslaughter in the first degree, which, as
I have said, may be committed by one who
has no design to effect the death of the per
son killed. And in determining whether or
not the accused had an intent to kill Leon
ard Day and whether or not there existed
in his mind a premeditated design to cause
the death of the deceased, the jury may take
into consideration the fact that the accused
was intoxicated at the time.
Intoxication as a. Defense.
In this connection the court charges you
that drunkenness is a matter of defense; and
the burden rests upon fhe defendant to es
tablish- its existence by a fair preponderance
of all the evidence in the case, upoa every
issue of fact in this case, except only the de
fendant's mental condition so far as it was
induced by Intoxication or the blow which he
received, the burden reets uoon the. state to
establish its truth to the satisfaction of this
jury beyond a reasonable doubt But upon
this issue of drunkenness or intoxication the
burden shift* and the burden of proof rests
THE MINNEAPOLIS JOURNAL.
upon the defendant to establish the ft tent
of his Intoxication, by a fatr preponderance
of the testimony. If the defendant has Id
fact in this case established by a preponder
ance of the evidence his claim that he was
drunk when the killing occurred, and if for
that reason he was incapable of or did not
'orm or entertain an actual design to kill,
then the- jury will not flod the defendant
guilty of murder, but will. In that event, if
they return a verdict of guilty, find the de
fendant guilty of manslaughter in the first
degree.
After stating that one may commit the
crime of manslaughter In the first degree
without any design or Intent to kill, the
charge takes up the threats made by Day
regarding Hamilton.
Threats Made by Day.
Of course the jury will understand that if
It were proven conclusively that the de
ceased made threats, or that he was intoxi
cated at \he time be was killed, or that his
habits and conduct theretofore bad not been
commendable. 6uch facts would conatitute no
defense to this charge. In the eyes of the
law it is as great a crime to murder a bad
man as a sober man; and threats of one
against the other, even If known to the lat
ter, are immaterial, provided it be proven
that the latter killed the- former without
justification or excuse, and provided the cir
cumstances of the killing are established with
sufficient clearness and certainty. It is be
cause in this case the evidence ia not clear
and certain with respect to the exact circum
stances surrounding this homicide that evi
dence of these facts, which would otherwise
be immaterial, have been received.
• Admission of Confession.
If the jury believe from th* evidence that
the defendant made these confessions, as
claimed by the state, then you consider such
confessions as you would any other testi
mony, give them such force and weight as
in your opinion they are entitled to receive
in view of all the circumstances of the case
as disclosed by the testimony which you have
heard.
The credit and weight to be given to confes
sions depends very much upon what the facts
are. If the crime itself, as charged, is
proved by other testimony, and it is also
proved that the defendant was so situated
that he had an opportunity to commit the
crime, and his confessions are consistent with
such proof and corroborative of it, and the
witness who swears to the confessions is ap
parently honest and truthful, then confes
sions so made may be entitled to great weight
with the jury.
In this case there is evidence tending to
show that the defendant did have an oppor
tunity to commit this crime.
The charge then proceeds with an ex
amination of the statements of the doctors
who disagreed, "but this testimony is not
to be ignored," says the court. "It is to
be given such weight, and such weight
only, as it is entitled to receive."
Hamilton's own testimony, too, the
court holds, must be considered in the
sairaj way, despite the fact that he is an
interested party. This is followed by a
learned exposition touching the value of
testimony.
The weight of a witness' testimony depends
upon two factors: First, his disposition to
tell the truth; second, his ability to do so.
There is evidence tending to show that cer
tain witnesses who have given their testi
mony concerning the transactions of the
night in question were at the time more or
less intoxicated. This fact is entitled to its
due weight in any bearing it may have upon
the ability of the witness to understand and
remember what occurred at the time.
Final Instructions.
Now, gentlemen of the jury, it is unneces
sary for me to say that you havo a grave
duty to perform in this case. It is unneces
sary for me to say that you must perform
that duty fearlessly. If you find beyond a
reasonable doubt that this defendant is guilty
of any crime of which under the evidence
and these instructions he should be convicted
in this case, then return a verdict to that
effect, regardless of any consequences that
may ensue to him. If, on the contrary, you
entertain a reasonable doubt as it has been
defined to you, whether or not this defendant
is guilty of any such offense, then, regard
less of all else, return a verdict of not
guilty.
This case, of course. Is to be determined
upon the evidence and the law as you have
heard it here in court, and not upon the elo
quence of counsel or upon any statements
made by them not warranted by the testir
mony which has bene offered. We are not, in
this case, trying the general character of the
deceased. The question, and the sole ques
money which has been offered. We are not, in
ty of the crime charged in this indictment,
or of any lesser offense of which he can be
convicted thereunder. The cause has been
tried upon each side with unusual fairness
and with unusual ability. You have had the
benefit of the most thorough and exhaustive
arguments concerning the facts. I have en
deavored to state to you tfce law of the case
so plainly that you may easily and clearly
apply it to the facts as you find them to be.
Base your decision upon the testimony a«
you have heard it here in court; be governed
by the rules of law as they have been stated
to you, and return such a verdict as your
consciences approve; and you will then have
done your full duty in this case.
FIGHT TRDST WITH BEETS
BIG SUGAR PLANT IN INDIANA
Chicago Company With a Capital of
91,000,000 Buys 10,000
Acres.
Chicago, Feb. 19.—The Post tp-day says
that Chicago capitalists have organized
a $1,000,000 corporation, known as the
Central Sugar company, to compete with
the American company in the home sup
ply. Contracts have been closed for a
beet sugar factory at Shelby, Ind. Ten
thousand acres have been purchased and
the factory will be in operation for this
year's crop. It will cut 600 tons of beets,
and produce, it is estimated, 150,000
pounds of sugar' daily, employing from
200 to 300 men.
FORCE A MINE STRIKE
OPERATORS .IGNORE .. THE UNION
Probable Action on President Mitch
. ell's Call fora Conference
:; --.. — on Wage Scale. .. '
■ New York, Feb. 19.—Officials of the an
thracite coal roads expressed very little
concern over the call Issued fey President
Mitchell of the United Mine Workers' as
sociation for a conference between oper
ators and representatives of the miners,
early in March, to decide the wage sched
ule for the year beginning April 1, says
the Herald.
It is no secret among the coal roads
that the 10 per cent advance exacted by
President Mitchell from the coal compa
nies was granted as a matter of political
expediency during the heat of the national
campaign, and the disposition ia to ig
nore the call for a conference. They hope
to restore the condition existing before
the atrike, when organized labor in the
mining district had no recognized status.
The railway men think it not unlikely
that a strike will follow their determina
tion to ignore President Mitchell, if that
course be determined upon.
MURDERER IS KILLED
Shot by His Daughter -While He Is
Choking His ' Wife.
JT«m York Sun Special Servie*' : .
Fort Wayne, . Ind.,, Feb. 19.—Isaac Slater
was shot and: fatally wounded by his J 15
--year-old ; daughter, while '.■ he was choking
his wife to death. - .
EDWARD GOES SATURDAY
King Will Visit Hit Sister, the Dow-
sgrr Empress.
London, Feb. 10.—King Edward will
start Saturday evening for Germany on
board the royal yacht Victoria and Albert
to visit his sister, the dowager empress
Frederick. His stay in Germany will
probably be very brief.
To Prevent the Grin
Laxative Bromo-Quinine removes th» cauts.
GOBI WILL YIELD
Secretary of War Root Gets Very
Encouraging Advices.
HITCH OVER NAVAL STATIONS
Definite Xena la Expected In a Few,
Day*—Cuban Committee ' <
Will Come. >
*•» York Sun Soccfal Serv/oe. }
Washington, Feb. 19.—The ; secretary of
war is receiving encouraging advices from
<-üba. it looks as If the convention would,
comply W | tn : -the' . suggestions made
trough General ; Wood : and .include ■in the
°nstHution . an article practically estab
lishing a j protectorate \by the United
States over the republic of Cuba, and giv
ing this government the'right to inter
vene, to protect the peace, the credit and
me -. commercial interests of the * Cubans'
ail? t0 supervise their foreign affairs. '
VI her*! is •no : doubt a determined ■ opposi-
?a ° the" demand for naval stations sin
Cuban waters, but it .will be insisted
upon. The ; navy f department wants : four,
two on the north coast and two on the
south cast of :" the island, ~ but -will be
satisfied with two. > ■ .:. ..
■ The president expects definite * news
within .a few. days, for the convention
pians . to complete . the constitution this
week.
It isj expected that a committee of
Cubans will bring the constitution to
Washington and have a conference with
tne president and the secretary of war
NEED OF MISSIONS
Taft Commission Makes an Appeal
for Missionaries.
DEMAND FOR CATHOLIC PRIESTS
But the Diocese Is Under the Direct
Control of Rome—Other
Mmw York Sun 3/j*Btaf Bmrvlom
/.Washington.: Feb. 19.-Th«r e ils a \ loud
can for missionaries ;of £■ all denomina
tions in the Philippine islands. :. The re
ru.sai of the government to force the
friars of the religious orders upon the
people against their will has left many
parishes f without pastors, and ■ the Taft
commission expresses an earnest i desire
for the Catholic autnorities ?in the United
States to send-over intelligent and pro
gressive young priests. 7 Bit the
Philippine diocese is ' under the; direct
jurisdiction of Rome ' ,and Cardinal Gib
bons has no. right to Intervene. i:r ?[. ,' '■"<'
Bishop Graves of the Episcopal : church
also makes an appeal for assistance. ,' He
says: >i\ ■, ■ ;■ ■ . - . ... . v ; -
•'The Filipinos are turning not only
against the friars, but against the Roman
church, and we are leaving them to go
to the American Methodists, or turn away
from religion altogether."
The Presbyterians have a small number
of missionaries at work, but complain of a
lack of money. The Methodists have the
largest number of missionaries in the
field.
A MAN RESTORES QUIET
About SOU . Delegates Are Attending
; the Annual Session in
. ' Wanning tou. Z&
KmwYmek Sam Jfgtmotmi. Stfvlam. '■'• •' .
Washington, Feb. —In opening the
D. A. •R. . congress - Mrs. Daniel '.Manning,
president general, rapped gently with ■ a
beribboned gavel : and the • hum *of voices
of 800 delegates ceased. ; ■ ' . •
The, address of the president general
consumed one hour and Mrs. Frank T.
Kinney, state regent for Connecticut, re
sponded with a speech lasting half an
hour. After these exercises the president
general bad some difficulty in maintaining
order among the delegates and she was
frequently obliged to wield the gavel
vigorously.
"Can we have silence for a few
minutes? Just for a few minutes. Can
I have the attention of this noble body of
women?" she demanded several times.
At this point Harry H. Smith, former
journal clerk of the house of representa
tives, as the parliamentarian of the con
gress, came upon the platform - and his
presence had a quieting effect.
SWEDISH LUTHERANS
lelesratem Gather at Stillwater for
the Annual Conference.
Special to The Journal.
Stillwater, Minn., Feb. 19.—Delegates to
the Minnesota conference of the Swedish
Lutheran church began to aTrive early
this morning and large numbers are here,
probably two-thirds of all expected.. A
pastoral conference and discussion of
business affairs were features this fore-
noon, although the conference proper
does not open until this evening. Rev.
J. S. Reding of Nelson gave a talk this
wenoon on the "Importance of Prayer."
This afternoon Rev. E. J. Werner of
West Virginia is speaking upon "The
Shortcomings of Preaching and the
Remedy." A discussion will follow and
the session will hold until 5 p. m. The
conference sermon thi3 evening will be
delivered by the president. Rev. P.
Sjoblom. Rev. Messrs. J. A. Kxantz and
A. F. Elmquist, both of Duluth, will as-
Bist the venerable president in the service.
The first business session will be held
•to-morrow forenoon, when officers will be
elected, reports made and other work dis
patched.
In addition to the regular services to
morrow evening the Swedish Lutheran
church there will be preaching in the Nor
wegian Lutheran church by Rev. J. H.
Randahl of Sven, Minn. Services will also
be held at South Stillwater.
It is rumored that T. U. Alexander, dep
uty warden at the prison, will be succeed
ed by Frank H. Whittier, now state agent.
The names of others are connected with
this office and report has it there will be
a shaking up of the prison force.
Mrs. William H. Bean entertained the
members of the Young Married Ladies'.
Euchre club this afternoon.
WANTED IN TWO STATES.
Special to The Journal.
Sioux City, lowa, Feb. 19.— W. E, Par
malee, already a fugitive ia lowa, is
wanted in South Dakota and is hiding in
Nebraska, his latest misdeeds being the
brutal assault made upon Merrick S. Gar
lock of this city.' Parmalee lay in wait
for Oarlock in a lonely place, pounced
upon him in the dark, dragged him from
his wagon and proceeded to pound him
with brass knuckles until Garlock's face
and head were a mass of sores. It is
thought he will recover, but at first the
injuries appeared serious. Parmalee's
home is at a point where three states
join, near North Riverside, a suburb of
this city.
LONGSTAFF AND DAVIS RECOVERING.
Special to The Journal.
Huron, S. D., Feb. 19.—John Longstaff,
proprietor of the Huronite, who has been
confined to his room by sickness for the
past three weeks, is slowly recovering.
—Representative Davis is recovering, but
it is not likely he will be able to again
take up his duties at Pierre. He is with
his son. Alderman W. S. Davis, in this
city, and will be removed to his home in
Milford township as soon as possible.—
The city was full of legislators and mem
bers of the 'third house," Monday, on
their return to Pierre, having spent Sun
day at home.
To Core m. Cold la One Oar
Take < Laxative '■ Bromo ; Quinine Tablet*. . All
druggists refund the money If it fails to cur*.
E. W. Grove's signature is on each *>ox. 250..
HANG THE JOINTISTS
Winfield Raiders' Threat if They
Resist To-morrow's Crusade.
WON'T STAND "MONKEY SHINES"
Saloon War In the Kaiiaua Town 1* I
Developing. Into Anarchy—
Mm. Nation.
Mmw York Sun Snoctal Smrvlom
"' Wichita. \ Kan., Feb. 19.—The situation
at-vv infield is growing worse as concerns
1 the salooniats ; and I the - temperancev ele-!
ment. /Mayor Albright called the "city i
council in session to discuss removing!
Join-tUts -by force, but as a majority . of
aldermen are rin sympathy with the sa
loons, nothing was done ■ to improve con
ditions. ........ :',>''\f"iy\. ,> "
Several saloons opened by the back door
route, but they claimed to sell nonintoxi-'
eating drinks.]•,■*■ The *. vigilance committee
has now. secured over 600 members and its
Jurisdiction takes in the whole of Cowley
county. The • Winfteld. ministers have ' re-;
ceived many threatening letters from" sa- j
loonists. Several shots were fired at Rev.!
Mr. Beet late <asi he was' returning, home
from services.-;....' '•.'•■ .. ( . ;»:
Owners ,of Joint , buildings have been
notified to have the doors unlocked to
morrow or .they would be smashed. The
notice " was ;' printed on red , paper sur
rounded ; by ? skulls and crossbones. ' ,: .'
; We are tired "of Joints here; we have been !
.patient, but we now.mean' business. You had
better get, ready, and leave. ; The c - Brat one ,
who starts trouble Wednesday will be hanged. '
We won't stand any monkey shines. . Tako \
this as our last warning. , '  ;
•■'Similar I warning:, notices from -Joint
keepers to ministers have been received. j
3IRS. XATOIN IN JAIL
She Is Held Under Peace Bond* for
Destroying Pioperty.
Topeka, Kan., Feb. 19.—Mrs. Nation in
the city court yesterday was tried for de
stroying property, but the decision was
.withheld until Thursday. Judge Hezen of j
the district court passed upon a peace war
rant sworn out by the owner of a cold
storage plant which she tried to wreck.
She acted as her own attorney. Mrs. Na-,
tion's bond to keep the peace was fixed at
$2,000, which she was unable to give, and
she was sent to jail. None of her follow
ers care to sign a peace pond, for they
realize that she would not keep the peace.
She may "remain in the county jail indef
initely.
Judge Hazen placed Cal McDonald, Mrs.
Rose Crissr end Miss Madeline Southard
under peace bonds. The judge delivered a
scathing address to the three Nation lieu
tenants. He expressed the opinion that
Mrs. Nation is insane, and said those per
sons who encourage her methods of reform
ought to be ashamed of themselves.
SALOON TO STAY
Wichita. Minister Says Regulation Is
tbe Best Solution.
Wichita, Kan., Feb. 19.—A meeting of
the Ministerial association of Wichita has
rdesolved to call a mass meeting Sunday
afternoon to insist upon the closing of the
"joints."
Rev. J. D. Ritohey of the Episcopal
church, president of the association, did
not attend tie meeting. He is quoted in
an interview as opposed to prohibition,
that the saloon is so deeply grounded in
American life that it is a part of our
social system, and that regulation is the
best that can be done with the saloon
problem.
Milwaukee W. C. T. I. Approves.
Milwaukee, Feb. 19.—The City Federation
of Women's Christian Temperance Unions in
Milwaukee has passed the following resolu
tions:
"Inasmuch as God, who turneth the ways
of the wicked upside down, hath raised up
Mrs. Nation to inaugurate a new crusade
against saloons in prohibition Kansas, there
fore,
"Resolved, That we, the members of the
W. C. T. U. of Milwaukee, Wis., believe that
this movement will result in great good all
over our land by creating true temperance
sentiment and arousing the interests of the
public, leading ultimately to the enactment
and enforcement of prohibition laws through
out this country."
Insane on Mrs. Nation.
New York, Feb. 19.—Herman Procknow, a
Waldorf-Astoria waiter, wrecked Edward
O'Brien's saloon, 621 Third avenue, in true
Carrie Nation style, and he is in jail charged
with malicious mischief. The mirrors and
the ornamental glassware were broken, the
piano was smashed, tables were tipped over
and the plate glass front was smashed to
slivers. Procknow, instead of a hatchet,
used cuspidors.
Mrs. Procknow says her husband is insane
on the subject of Mrs. Nation's crusade and
has talked of nothing else since the famous
Kansan woman's exploits have been made
public.
NO LADIES ON THE STAGE
Society Actress Says Stage People
, Are Not in Her Claaa.
Nate York Sun Special Strvic*
New York, Feb. 19.—The statement
made by Mrs. Constance Drexel Biddle,
the society woman, who has begun her
career as a vaudeville actress at a Phila
delphia theater, that there are no ladies
or gentlemen on the stage, has aroused a
storm of protest. Mrs. Biddle said:
I did not Intend to imply there were no
exceptions, but the very large majority of
those you come in contact with are not ao by
birth or breding.
This class has never had the advantage of
association with the best people; the major
ity, has sprung from a stratum in life where
the customs, manners and deportment of
people of position are unknown. It is their
misfortune, perhaps may not be their fault.
Mrs. Biddle will marry Fernando Yznaga
as soon as her husband secures a divorce
he is now seeking.
PEYTON NOT HIS NAME
Man W'hu Confessed to Robion'i
Murder »1 Frel Muck.
Special to The.Journal.
Sioux City, lowa, Feb. 19. —Frank H.
Peyton, brought here on his confession to
the murder of John E. Robson In 1890,
which he later repudiated, was taken back
to St. Louis to face ten charges of larceny
and burglary, which he sought to escape
by his confession. The habeas corpus
proceedings which he brought were dis
missed and at noon to-day he started.
Ironed hand and foot, in charge of a po
lice sergeant of St. Louis. When notified
to prepare to leave the jail he refused to
dress and was carried from his cell and
forcibly dressed by the officers. He be
came frantic and talked of using a gun.
He has returned to the use of dope and at
the time of his arrest was crazy with co
caine.
The revelation was made to-day that
Peyton's real name is Fred Muck. A
brother turned up here who had not seen
him for fourteen years who recognized
him at once. At one time Peyton worked
here as a plumber, which accounts for the
accuracy with which he described locali
ties here when he made his bogus con
fession. His parents live in Worthington,
Minn., which was his boyhood home.
FOUR FIREMEN KILLED.
New Haven, Conn., Feb. 19.—Four fire
men were killed in a fire in the Judaon
Packing house at 1:30 this morning. They
were Captain Joseph Condren, Frank Wil
liams, William Reilly and Frederick Hale.
The firemen were inside the building,
handling a hose, when a three-story brick
wall tumbled over on them. Two fire
men were injured. The loss is $50,000.
DEATH OF AN OLD "SALT."
Special to The Journal.
Fayette, lowa, Feb. 19.—"Cap." King
man, for twenty-five years clerk in the
Fayette house, died yesterday. He was an
old sea captain and had seen every large
port on the globe.
Piles Cured Without the Knife.
Itching, Blind.BleediEg or Protruding Pile*.
Your :; druggist. will * refund •, your J money if
PAZO OINTMENT falls to cure you. \ 60 eta.
TUESDAY EVENING, FEBRUARY 19, 1991.
SfotftfAi&rilrwS^ - ' WMMjr^^MWW , ' m ■■ i ,iMii 3 ._
ftj^S y jtSmO^^^^^^t m |^^|^—' v•« ■ ■ 7^hß< V »ts3 llli\ Av\. \\f >?^ *^™3i^ 4mPv ■
11* i 1 \ 4^bl2 _c3?j -w^E^ f'i w* »^ * '\w i vtll il i tßs^w ■
" O, if my mother were only alive." *,'.-:
How frequently young mothers use this expression
All through her life she has known a mother's watchful v
care. • - - ■ •'/' •■ ■ :. } : ■ ' : --s'.v
; She is now a mother herself and gains in strength but
slowly. . .]' Vl' .!■'■",; /' . *:]"':■ •---■- ■v:;.-'^-'. ■"--.::..: :..-.
: . r She would give worlds to do everything for her precious
babe, but cannot. v' J 'I
| That tiny babe has unfolded in the young mother's heart I
new emotions; she has a living responsibility, and requires
strength to enable her to perform a loving duty. At such a
time too much oare cannot be taken, and the greatest
assistant that nature can have is Lydia E.. Pinkham's
Vegetable Compound. .
The birth of the first child is an especially trying expe
rience and nature needs all the help it can get. A happy,
healthy young mother is a delight to herself and all who
■ know her, and Mrs. Pinkham's medicine will build her up as
nothing else can. .>; ]" _ -,
Read Mrs/ Johnson's Letter for Proof. k
■ j*. "1 ' " Dear Mrs. Pinkham:—For some time I hare
flga thought of writing to you to let you know of the
■ dttggssk I great benefit I have received from the use of
_jt§& Lydia E. Pinkham's Vegetable Compound. Soon
.^Srejjagßjßjßafc after the birth of my first child I commenced to
ff^'^^^MMwiw have trouble. Every month I grew worse, and at
w ' W last became so bad that 1 found I was gradually
s*fe% ■'JCj^iH Wb losing my mind. The doctors treated me for fe
j*j *xr- OW I male troubles, but I got no better. One doctor
V \ i(Sw> • hA \ told me that I would be insane. I was advised by
\'*jjs l W&L I a r' en<i to give your medicine a trial, and before
V I I kac taken all of the first bottle my neighbors
LgyjmbagrtßHßSna. I noticed the change in me. I have now taken five
p;?mjS^gg^gg|m bottles and cannot find words sufficient to praise
BJBP r*lZy«Sr^ltf?KfS| it-vl advise any woman who is suffering from any
ffjSpjl '"' iVlBi female weakness to give it a fair .trial.- i I thank
I MRS M JOHHSONI you for your good medicine."— GERTRUDE ♦
|l ii II M. JOHNSON, 503 E. Walnut St., HUlsborO, Tex.
$M| AA A AI" ff Hill ' Owing R> the fact that some skeptical .
■.. nHn IB X■■ MS AX I I people have from me to time questioned
fIU (SM v-2 fcl Mllii WW HHU the genuineness of the ttstimoniallener*
BU ■Ti fei M R i-I • we *re constantly publishing, we have II
':", -■ || |r| %\ \\ |3 I deposited with the National City Bank, of Lynn, Mass., $5,000, I
'■ MB PI H II 14 11 I which will be paid to any person who will show that the above I '.
■B.M HUH BmS wok? testimonial is not genuine, or was published before obtaining the I
HV %SaF NBr,.' writer's special permission.—l,ydia E. Piiskham Mxdicinb Co. ' I
- • ': •■• -■■:' •■• -■- •• •■" ' -•• • ' •••- '-• ' -|-
CHINESE NEWSPAPER
I'niq.ue Journal Appears in New
York; City.
A>ir York Sun Special Service
New York, Feb. 19.—The first number of
the Chinese Weekly Herald, the first Chi
nese newspaper printed from movable
types east of the Pacific slope, has ap
peared. Chu Hung is the editor. The
pages open from the left side instead pf
the right. The news columns, which run
horizontally, contain translations of cable
dispatches from Peking, Paris, St. Peters
burg and London; accounts of Mrs. Carrie
Nation's rampages and of the passing of
bad money on Chinese laundrymen; sci
entific articles on pearl fishing and the
manufacture of firearms and a gosipy let
ter from Hongkong.
A great deal of space is given to ex
plaining the postal regulations and the ar
rival and departure of the mails. The
Chinese are said to regard such things as
among the mysteries of nature.
The Methodist Episcopal English prepar
atory school, at Mott street and a Brook
lyn physician with an office in Mott street
are among the advertisers.
DISTINGUISH HUMAN BLOOD
German Professors Said to Have Dis
covered a Method.
JVfetc York Sun, Speolal Service*
Berlin, Feb. 19.—The Clinical Weekly
publishes a description of a discovery by
Professors Wasserman and Schuetze of the
physiological institute and Chief Director
Koch, of, a method of distinguishing hu
man blood, whether old or fresh, from that
of all animals, save the monkey.
CAN'T ROBJIS WIFE
It Is Purely a Family Matter, Says
the Police Captain.
Ne*e York Sun Special Service
Philadelphia, Feb. 19.—When David
Smith of Carpenter street was taken be
fore Captain of Detectives Peter Miller,
charged with the larceny of jewelry from
his wife, Captain Miller discharged him
on the ground that it is not a crime for a
husband to rob his wife or for a wife to
rob her husband.
From New Hampshire's Hills of Granite Gushes
[ondondeny
*^T( LITHIA WATER, %
Sparkling. Delicious.
The Emblem of Purity and Health. ;a
- ;:: : ; w DISTRIBUTORS. - Hal*-GonBot" -
Sample Shoes.
"We are still able to fit 'almost anybody
with our Sample Shoes at a saving from
one-third to one-half from regular prices.'
They are all new, up-to-date styles:
... Men's North Star Sample ■- ;-C> CQ>
Shoes, worth tos4 ......;,.=;.;. &4*oy
Men's Sample Shoes, worth '' 01 Qfl
to $3, 7 stylos..* tpi.yv
. " Women's North Star Sample ■'■' £ I OS
Shoes, worth to $3.60,...;.-.... <pi,7O
Boys' and Youths' Sample Shoes, QQr
n Y worth to $1.50 ./.;:. -tOI*
" J&Y- 213-223 NicoSia, - -jlS'
HER MAIL STOPPED
Alleged Decoy for a Grand Rapids
Drink Cure Company.
Kev> York Sun Special Service ■
Washington, Feb. —A "fraud order"
has been issued by the postofflce depart
ment against* Mrs. Hawkins of • postoffice '*■■;■
box ; 91,. Grand Rapids, . Mich., who "?**
charged with advertising i as a ; philan- ,
thropist ■ ready ;to  help . her unfortunate
sisters to cure their husbands, brothers,,. v,
sons or fathers of the drink habit, free of. '■'„•
cost. ' , _/•.-.
The department charges that a Grand.:
Rapids drink; cure company simply uses-.'
Mrs. Hawkins' name for $50 per annum,
to" help " sell its "cure" and, in . fact there ]
was r never-a "Mrs. Mary -Hawkins,", for ..
she has married agaju v . She denied hav
ing s any < interest 'in the company .beyond
her pay of $50 a year.
" The ; investigation*^ result®!. _ from the ,
complaint' of^a^^correspondent.;at", Akron, I
Ohio, who : charged that her husband * had,.:
gone crazy from taking ■ the cure. /